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tv   The Journal Editorial Report  FOX News  February 10, 2024 12:00pm-1:00pm PST

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that president biden retained and disclosed classified materials from his time as vice president. the justice department declined to bring charges in part because, quote, at trial mr. biden would likely present himself to a jury as he did during our interview of him, as a sympathetic, well-meaning, elderly man with an important memory. president biden addressed those remarks in a rare primetime press conference. >> president biden: i am a well-meaning elderly man, i know what i'm doing. i am the president, i put this country back on its feet. neil: dan heninger and kyle peterson, what do you make of this report? at least the decision not to prosecute and the reasons for it? dan:this is an exercise in
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prosecutorial discretion, that trump was indicted primarily for lying or misleading the fbi and instructing others to. that is a crime. whether keeping classified documents is a crime, or one that has been prosecuted, is a different question. that is included in the indictment of donald trump. president biden, what he did was truly and genuinely wrong, the question before robert hur, would he have wanted to indict a second president, two people running for the presidency who have been indicted and facing the possibility of being convicted, almost an unthinkable situation. paul: the language, willfully retain the documents, biden knew they were classified, knew they had them but in conversations with his ghostwriter, he stated
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ultimately that he had just found the classified documents he was going to describe. >> willfully retained, this is not getting as much attention but special counsel notes these are document stretching all the way back to biden's time in the senate and all through his vice presidency. this is a long-standing habit. he also shared them with his ghostwriter disclosing sensitive information to a person not cleared to get that information. those characteristics are similar to what jack smith indicted donald trump 4. it was also for obstructing the investigation. the underlying question of disclosing information, letting other people see it, is something those cases share and only one person was indicted on that set of facts.
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paul: without question trump will use this report in his defense. he will go to trial in his lawyers will say there is a double standard even if there's the distinction that dan talked about. are you all you need is one juror to say it is a double standard. dan:that will have purchase in the political arena as donald trump tries to make his case in the election against president biden. another distinction is robert hurr does not recommend charges because of hitting that stringent standard in o'connell trial of beyond reasonable doubt. he says it looks like these documents were in biden's virginia home when he was a private citizen but there is doubt whether they can pin that down. they don't have contemporaneous evidence. there's questions about what biden new his staff had packed the stuff up.
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that another difference with the trump case. the documents were found in his possession and he apparently tried to cover that up. paul: the unavoidable topic is the description of president biden's memory. it is frankly deeply concerning to any citizen of the united states who looks at that and says is that where the president is? i wonder what you think the ramifications of that are politically and whether or not this and the president's press conference where he was angry and made not lapses. is this a turning point? >> it is, the weekend was a big moment not merely the report which was devastating enough almost to the point where people wonder what the point of him putting that in was other than to convey to the american
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people having seen it themselves as described in interviews with the special prosecutor, couldn't remember when he had become vice president or when the vice presidency ended. they are telling the american people this is the man democrats are nominating to be president. beyond that point i have gone back-and-forth on this. i thought for the last year there was no way president biden could end up being nominated again for the presidency. there's a point beyond which it was clear the democrats were all in on this. i changed my mind, he is the candidate going forward unless, i thought, biden literally stopped at some point. that happened the other night in that press conference when he identified the president of egypt as the president of mexico in the context of the report. i think the democrats have a big decision to make. paul: do you agree with dan that this could be a turning point and democrats may decide they can't run with president biden on the ticket?
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>> they can bury their heads but this was a phenomenal report. the impact of the report will be the memory question and focus on the president's well-being and no one can look at that and pretend this isn't a major issue for the white house. paul: the supreme court hears oral arguments in the attempt to kick donald trump off of the 2,024 ballot and it may not be the only case coming to the justices after an appeals court rules the former president is not immune from prosecution. [♪]
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paul: the supreme court heard oral arguments in a case that could change the course of the election, justices considering whether donald trump can be disqualified from the ballot, under section 3 of the fourteenth amendment for his role in the january 6th assault on the us capital. the high court appeared skeptical with chief justice
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john roberts morning severe consequences if colorado succeeds. >> colorado's position is upheld, surely there will be disqualification proceedings on the other side. some of those will succeed. i would expect a goodly number of states however the democratic candidate is, you are off the ballot. others from the republican candidate, you are off the ballot and it will come down to a handful of states that will decide the presidential election. that's a pretty daunting consequence. paul: back with our panel. the consensus is justices were skeptical of the colorado balaban. >> seems that way, there were all sorts of skeptical questions, structural issue, whether the candidate for president can be on the ballot seems a national question.
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one state gets to decide it for the country and whether the provision even covers. this provision names are members of the house, electors for president and catch all language with the framers of the amendment smuggling this in under the catch all language, presidency of the united states and skepticism whether congress requires action to put this qualification provision into affected. if it is self-executing, was donald trump disqualified on january 6th and what about the period that 14 days until president biden was inaugurated? paul: skepticism was not just from the justices but elana kagan and justice jackson as well. on the point of uniformity,
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whether the state can determine to ban a candidate and what it would do to create a patchwork quilt of different laws and ballot names. >> too many people who watch the court make the mistake of thinking justices will rule based on their political views. that is unfair to the justices. even in their legal philosophy of looking at division of power between states and the government, they prefer a stronger federal government position and skeptical of states rights. this would be the ultimate expression if one state were able to disqualify and that is an issue that came up again and again during oral arguments and this bodes well for john roberts who is looking for a way to get a unanimous verdict,
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against this l'affaireing when it comes to political issues. paul: justice sotomayor was very quiet. let's turn to the other case that may come to the supreme court decided by the dc circuit this week, rejection on donald trump's claim of immunity from prosecution. what do you make of that? >> there's the legal issue of whether the president has any immunity, he was claiming get full immunity, the court said you do not have immunity. the supreme court has to decide whether to take this. if they don't, it reverts back, jack smith's special counsel will go to try all right away if the court takes it on the other hand, it could push the
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trial to june or beyond. there is a timing issue. the court went overboard saying a president has no immunity whatsoever from criminal activity. there's a question what is defined as the outer perimeter of the president's official act. if the president in office can be indicted for acts when in office the president could be liable once he left office, harry truman when he tries to seize the steel mills, the supreme court overturned that but truman had been indicted after leaving office and that is the issue the supreme court would adjudicate if they take this case. paul: the case would stand. justice roberts wouldn't like to take this case if he doesn't have to because this is a more
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difficult legal question and new territory. there was a precedent going back to the 1980 civil immunity but this is criminal. do you think the court take this? and should it? >> if you think of john roberts as trying to split the difference, some claim they are going to rule for trump on the ballot disqualification question and not take the case and have a ruling against him stand on the immunity question. remember, it only takes four votes of justices to accept the case and the thing i wonder if there are four people on the supreme court who think this is an issue of first impression, never decided and this is a big issue that should be decided -- paul: for the presidency going forward. >> it should be decided by one of the lower appeals courts and different appeals court down the road could decide something different. paul: recent gaps in the
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special counsel report reinforce fears about president biden's ability to serve a second term. we will talk to karl rove about what that means in 2024. it evens skin tone, and smooths fine lines, with visible results in just one week. sounds like you've said that before. once or twice. neutrogena® retinol ♪oh what a good time we will have♪ ♪you... can make it happen...♪ ♪ try dietary supplements from voltaren for healthy joints.
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moaire dida twoo? your data, too. there's even round-the- clock customer support. so you can be there for your customers. hey billy, how you doin? with comcast business, reliability isn't just possible. thanks. it's happening. get started for $49.99 a month. plus, ask how to get up to a $1000 prepaid card with a qualifying internet package. don't wait, call and switch today! paul: concerns were growing about president by max age and ability to serve a second term. and nbc paul found 76% of voters including majority of democrats say they have concerns about the 81-year-old president's mental and physical health. let's bring in fox news contributor karl rove.
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how big an event is this report particularly the portions talking about the president's faulty memory? >> the american people have deep doubts about president biden's fitness to serve in office and this will only accelerate those concerns, as will his hasty and i thing rash news conference on thursday night, the end of a long day he is not at his best even in good time and it was a terrible 12 or 14 minutes. paul: a disservice to him though maybe he insists on coming out. the question, it was misspoken many times, he misspoke on the press conference, he confuse
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the president of egypt with the president of mexico. could this be a game changer for democrats who are saying they are deeply worried. >> absolutely. when something like this happens particularly in the report with harsh comments on his mental fitness and his memory are real problems for democrats. the last time he fell the new vote -- formal news conference or tv interview was october. last time he had a formal news conference was when he attended the asia-pacific economic conference in november and took four questions. he won the south carolina primary and didn't go out and speak of the super bowl interview became a customary thing, he's not doing it. he ordered attacks on houthis in yemen, no address to the country. ordered attacks on irani and proxies in the death three american service personnel, nowhere to be found.
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the controversy over the border, the funding bill, we heard in statements from the white house, no address to the country, on this important issue, the man is not up to the job and it's not going to get better. he will get older and this will get worse. paul: when will there be a tipping point for democrats, leading democrats, dean phillips has been speaking about this but when will other democrats say we can't going to the election with president biden as the nominee? >> i'm thinking about writing about this next week so don't tell my editors. the tipping point is when a majority of delegates at the national convention have been selected, which is coming up soon. large number of delegates will be elected march 5th, supertuesday, the largest delegations at the democratic national convention, texas and north carolina with a host of other states.
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i do know that in states like california, michigan, and illinois, the democratic leadership in those states, their governors are attempting their delegation, biden delegates, people they have influence over. once we get to the point majority of delegates to the democratic national convention, the democrats could conceivably say we won't have a primary but we have seen and sensible party leaders selected as biden delegates, time to pull the ripcord and nominate somebody based on the attitudes that will take place between now and the third week of august. paul: those ballots would be coveted to the president. he would have to say i am releasing you to your commitment to me to vote for somebody else. that would still require the president himself and presumably jill biden who has been very influential with the president to say we are going
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to not run again. rove:the president has to say i'm not running and three people will make that decision. the president himself, his wife, jill, and his sister, valerie biden oh one, who has paid a role in all his campaigns going to 1972. i am hopeful they will see on behalf of the country that it is not a good thing for president biden to be running into be remembered by history as the person we see in front of us today. better for him to be seen as a positive leader who said i have an important job to do, i'm not going to run again, too much on my plate that needs to be done for the country. his numbers would go up. we would give him a second look, the country would be in better shape as the democrats put up somebody who is ready for the challenges in the coming four years. paul: some democrats are afraid kamala harris, the vice president, would be the obvious choice but i don't think that's right. this would be an open fight.
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anybody who wants to get in and those delegates would be wooed by these candidates. is that right? rove:i agree. the only one with were snappers in this administration is kamala harris. she may end up being the vice presidential running mate of whoever is chosen but she's not going to be the candidate. tout to democrats concerned about president biden, their answer is not kamala harris. paul: this could be like 1896 at the democratic convention. that would be fun. the blame game continues after republicans torpedoed the bipartisan border deal. the panel on that and the rest of congress is congress's chaotic week when we come back.
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>> president biden: every day between now and november the american people will know the only reason the border is not secures donald trump and his mag a republican friends. >> when it comes to the border the presidency just over and over for the last couple weeks that i wish congress could act, give me some authority to do something. everyone knows the president has extensive statutory authority to take executive action and he will not do it. paul: both sides casting blame after the bipartisan deal collapsed with president biden promising republican will pay a price in november for bowing to donald trump's command to kill
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the bill and mike johnson claim the president has the power he needs to secure the southern border. kim, republicans were saying we want the border bill, and got one negotiated and abandoned it in fast fashion. why did they do it? was it just as simple as donald trump didn't want it? >> that's part of it but it was remarkable to watch. they keyed up christensen my and chris murphy, they work on it for months, get it out and before anyone a redheaded, they say no and tank it. this was because donald trump said no. speaker johnson said it was dead on arrival. i understand that dynamic. the remarkable thing to me is republicans, they want the issue to a donald trump in the
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coming election by hoping the border continues to beat chaos and will hurt president biden and in the process turning their back on what might be arguably the most restrictive border enforcement bill that hit congress in 100 years. paul: if trump wins he could use this if he became president. >> most of the time the candidate thinks they've son a nomination, donald trump thinks he has, they are looking ahead to an area office and strategizing what's best for them. this border mess has become something larger than when donald trump was in office. it's a stretch to argue he can fix it entirely through exec of actions. he needs these tools. republicans might consider they complain they don't think president biden will use them aggressively enough, that's fine but it is better than what we've got now and a republican could use them to great effect.
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paul: speaker johnson says biden has all the executive authority he needs. is that accurate? >> it's almost accurate. he has executive authority, republicans keep citing section 212 f which says the president has the authority if the border is imminent imminent danger. the problem with asylum, lawsuits get filed in the courts did overturn biden's exercise of that authority on asylum. that's one of the problems here. paul: they turn themselves in and say i am here and claim asylum. and get the so-called catch and release. the assignment law is fixed. rove:the court overturned the exercise of that authority which is why it is more important to do it legislatively. it's a stronger provision of
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congress voted then if you are doing it as executive authority. the argument, if they had legislated this authority and trump wins the presidency and perhaps wins seats in congress they could have built on the legislative authority which would make a much firmer closure of the border than executive authority. paul: biden thinks this is a way to deal with a bad issue for him up to now. how do you think the politics of the blame game will play out? is this going to succeed in making biden less vulnerable? >> maybe a little bit. a lot of voters have seen the biden record on the border. there are not lots of them that are ready to be drawn over by that but it could be an important issue in these swings senate races in ohio and montana.
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democratic incumbents can say we had an impasse on the border where we argued for dreamers and legalization and a path to citizenship and republicans say enforcement first. finally we said let's do an enforcement first bill. that's what it is. it is changing the asylum standard to tighten it up. it's talking about more immigration officers. and more of the wall. none of the legalization of dreamers and you can have a guy like john chester or sherrod brown who will say republicans would not let us have a vote on that because they were in fealty to donald trump. i don't know if it will help president biden but it could help chuck schumer a lot. paul: dysfunction and house continues which they couldn't get the vote on the floor. the dhs a critic, alejandra mayorkas, they couldn't pass the bill. when they deposed kevin mccarthy it was all supposed to be great. what is wrong? kim:at this point i am not sure
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they could rename a post office. it's remarkable to see. these guys, what we've got is the same divisions as always. what has happened is speaker johnson realized he has a couple hostile actors on the house rules committee, putting legislation through rules, moving it directly to the for which raises the threshold to two thirds capacity. not only one of the slimmest majorities in the history but it has become that much harder to get anything across and they've got a lot to do in the next month. rachel: the 8 still had, future monetary aid uncertain, president biden warns:00 is taking for ukraine and vladimir putin won't stop there. general jack keane on what is at stake as russia's invasion enters its third year next.
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paul: us allies military it is uncertain, president biden warned of the consequences saying ukraine is in dire straits and the time is not on their side. >> president biden::00 is taking good. every week. every month that passes without new aid to ukraine means fewer artillery shells, fewer defense systems, defending against this russian onslaught, just what putin wants. paul: general jack keane, welcome as always. you heard the president say ukraine is in the dire straits he described. jack:they are being challenged significant he. they've got anxiety going on, not surprising but they look a
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political situation with no idea what the outcome is going to be much like a lot of us who are looking at it. that gives great concern, to protect what they have and don't take additional risks associated with that. operations in the main part of ukraine are largely defensive and russia has moved on the offense to a certain degree but despite what should be an advantage to the russians they are not making much progress at all because of their own incompetence and the cost to the determination and toughness of the ukrainians. what ukrainians are able to do is conduct more attacks into crimea into russia's navy pushing the navy into the black sea making certain the economic well-being of the country
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through cargo exports and grain exports are continuing to flow. attack into the main part of russia with circular drones, that is still ongoing get. . and a reorganization going on, and with military operations. with the creativity of the ukrainians, what we were able to see ourselves. i think there's personality conflicts with the president and failure of the counteroffensive is likely the elephant in the room that has brought this dismissal. we have a new general who is more dogmatic, likely wants to disagree with the president and it remains to be seen what his fingerprints on the very going
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forward will be. paul: doesn't inspire confidence and might hurt the cause of aid in congress. let's turn to president biden's response to the death of three americans at the hands of the uranian backed militia. were they adequate for deterrence against militias? jack:in and of themselves they are not but they would have to be sustained to have deterrence on the proxies but even with the houthis their capability is finite, tens of thousands of rockets go after them in a sustained manner. the real issue in my view is the administration has to reset their strategy and policy as pertains to iran and recognize the appeasement diplomacy has
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failed miserably and reset it in a way that diplomatically let's -- isolate iran internationally. they want to trade with the iranians. let's go back to the maximum sanctions against iran, remove the loopholes and take issue with china over purchasing of uranian oil which is bailing them out quite a bit. militarily, we have to face the fact that the proxy's activity not only funded and certainly armed and trained by the irradiance headquarters and supervisors but they provide intelligence and direct their operations. until you deal with that center of gravity of iran, much of this proxy warfare will continue. it will continue to put a ring of fire pressure on israel as a result of it.
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the administration is absolutely misguided in not resetting their strategy to include what we are going to d nuclear weapon and how we will handle it. it doesn't get into the discussion anymore. that is a very dangerous situation. paul: mike pence, former secretary of state mike pompeo wrote that it is time for the administration to strike militarily inside iran. do you agree? jack:that is what i was implying that. we have to deal with iran. irg see, a plethora of targets. i leave it to the centcom commander, my bias is the irg see leaders, that oversee the proxies themselves but oil infrastructure, nuclear capabilities, plenty of targets
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and at the same time, avoid the ukrainian people. i hope we are using full throttle cyber espionage in confronting the irradiance particularly a nuclear enterprise. paul: is the sat test coming back? dartmouth college is the first ivy league school to reinstate standardized tests in the admissions process arguing the move will improve diversity on campus. not you. you! your business bank account with quickbooks money now earns 5% apy. (♪) that's how you business differently. intuit quickbooks. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need...
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paul: dartmouth college announced it will require
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standardized test scores for admission beginning next year making it the first ivy league school to reinstate the sat and act after the covid pandemic pahs. a study by the college found test scores helpless advantaged student include those from first-generation and low income families, gain access. making the announcement monday the college said, quote, evidence supporting a reactivation of required testing policy is clear the jar bottom line is simple. standardized testing requirement would improve, not detract from the. bring the most promising students to our campus. good decision by dartmouth? dan:a very good decision. it does help identify disadvantaged students who might have been overlooked. a quick personal story. the high school debate, every year we would go to newark, new
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jersey for a debate. that school was in a lot of trouble, paint peeling off the walls but some kids were superb, very chart and if they uld prably do pretty well.s, maybe not as well is in westchester county, new york, these are kids who could perform and deserve the chance to perform so i think for exactly that reason. paul: in the wake of the george lloyd bisson and riots, stop taking these tests in the name of equity. we looked at the evidence. this would enhance the opportunity for kids, 2 disadvantaged backgrounds.
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>> a faculty report, that's what the dartmouth report says, they are better predictors of success on campus, you can imagine great inflation is why that might be except university of california ignored the faculty report and overruled it. interesting dartmouth has gone the other way. this could be a shift in the political environment but maybe they see an opportunity to get an edge on the competition if they are able to pick out students who are great on campus and getting undervalued assets ivy league is not able to find. paul: i will lord my alma mater over yours, coming to the realization princeton is a lacquer. what is, what, what do you think is going on here? is their realization that for
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equity it has gone too far and is actually hurting opportunity? >> i hope so. we've had these reports but everybody knew all of this anyway and we decided to willfully shut our eyes to the obvious reality and the problems of making decisions about who you 're going to let in on things other than their academic merit. what we've done is dartmouth, gone back to thinking rationally with the benefit of a report to back them up. we know some of the other ivy leagues are reevaluating this, some doing their own studies and they will make a decision soon. i would like to think this is groundbreaking, it is academic merit and achievement. the risk to the ivys after the blow in the supreme court after
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affirmative action and racial preferences and admission policies and the realization of campus, that's the real risk student bodies will begin to become deluded. making decisions other than academics. they want to keep their rankings rather than try to hide them from u.s. news & world report they have to change some things. paul: one of the motion for one of these schools, part of a california calculation, these test scores if they got rid of the test scores would get more discretion and conduct the supreme court ruling and introduce race without the messiness of test scores. >> they discovered once you got rid of the test scores, they rely solely on so-called discretion it was too hard to do. what does discretion consist of? beyond that in an interview there is no way to predict how
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that person will perform. i should add there are many high schools that students are already taking the sat exam. part of his federal requirement, mainly so the state have some idea how they are performing. paul: when we come back, hit and misses of the week. which penetrates deep to target the source of pain with nonsteroidal anti-inflammatory medicine directly at the source. voltaren, the joy of movement. happy valentine's! from 1-800flowers.com. use one word to describe our relationship. rollercoaster. (laughs) he's my best friend in the whole world. ooooh, these are cute. thank you! boom boom, boom boom. share your love this valentine's with 1-800flowers.com. ♪ voya ♪ there are some things that work better together.
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and actively cools and warms up to 13 degrees on either side. now save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add an adjustable base ends monday. only at sleep number. ♪ ♪ ♪ ♪ paul: time now for hits and misses of the week. kim, first to you. >> paul, my hit goes to obi keith, the fabulous country singer who we lost too soon this week to cancer. toby keith leaves behind not just some of the best drinking songs of all time, but also the example of his great dedication to the red, white and blue including that famous 9/11 song and some 300 trips to entertain
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troops overseas. keith might have worried he wasn't as good as a he once was, but for millions of us, he will be fabulous forever. paul: kyle. >> i will give a miss to both political parties for whistling past the coming fiscal crisis. new 10-year projections include $20 trillion in deficits over the coming decade, the highest u.s. debt in natural history. and more pending annually on interest payments than on national defense. the sooner that this problem gets solved, the less pain they'll be. but neither political party wants to talk about it. if donald trump and joe biden agree on one thing, it's don't touch these entitlement programs, and anybody who tries to fix them is throwing granny off a cliff. paul: dan. well, i'm giving a miss to california's new minimum wage which in april is going to rise to $20 an hour, that's a 25% increase from the current $are 16 an hour. so guess what else is going up? fast food prices. mcdonald's, chipotle and
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others are saying that the price of big b macs and burritos is going to have to rise to cover those costs. guess who's going if to be paying for those higher costs? lower income if people who rely on cheaper fast food to be able to pay for these things. they're the ones who are going to be paying for that. so welcome to socialism, california style. ain't it beautiful? paul: all right. and remember, if you have your own hit or miss, be sure to send it to us @jer on fnc. thanks to my panel and to all of you for watching. i'm paulgy bow, hope to see you right here next week. ♪ eric: the senate now in session debating the $95 billion aid package that would provide funding for america's foreign allies, ukraine's battle against vladimir putin and israel's push against the terrorists of that massachusetts ther